Bachchoo Lal,J. - (1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of complaint case no. 8 of 2019, Smt. Vimala v. S. Rishipal and others, under section 354-B, 452, 323, 504 and 506 I.P.C. police station Ganogh District Saharanpur including the summoning order dated 7.6.2019 passed by learned Civil Judge(SD)/ Fast Track Court/ Additional Chief Judicial Magistrate, Saharanpur District Saharanpur.
(3.) The contention of learned counsel for the applicants is the brother of the applicants namely, Manoj Kumar had lodged an F.I.R. against five persons on 30.10.2016 including the sons of opp. party no. 2 namely Adesh and Naveen. As per first information report lodged by the brother of the applicants, the incident has taken place on 24.10.2016 at 12.00 hours. In that case chargesheet was submitted against four persons. In counterblast, the opp. party no. 2 filed an application under section 156(3) Cr.P.C. on 16.11.2016. On the basis of that application F.I.R. was lodged on 29.1.2017 against the applicants. The Investigating Officer submitted final report in the matter. The opp. party no. 2 filed a protest petition against the final report which was rejected by the learned Magistrate vide order dated 16.1.2018. The opp.party no. 2 preferred a criminal revision no. 24 of 2018 against the order dated 16.1.2018 which was allowed by learned lower revisional court vide its judgement dated 1.12.2018 and the matter was remanded back to pass a fresh order after hearing the parties. Thereafter, learned Magistrate has summoned the applicants to face trial under sections 354-B, 452, 323, 504 and 506 I.P.C. vide order dated 7.6.2019. It has been further submitted that the witnesses shown in the first information report have not been examined by the opp. party no. 2 under section 202 Cr.P.C. The opp. party no. 2 has filed this false and frivolous complaint only to save her two sons against whom charge sheet was submitted in the case lodged by the brother of the applicants. The applicants have not committed the alleged offence, false allegation has been made against them.;